A. Emergency actions immediately necessary to prevent injury or property damage provided the action minimizes impact to critical areas and buffers. The person undertaking the action shall notify the director within one day following commencement of the emergency action. The director shall determine if the action was allowable under this subsection and commence enforcement if not. Within one year of the date of the emergency, the person undertaking the action shall fully mitigate any resulting impacts to the critical areas and buffers in accordance with an approved critical areas report and mitigation plan.

B. Normal operation, maintenance, or repair of existing structures, utilities, roads, levees, drainage systems, or similar improvements, including vegetation management, if the action does not alter or increase the impact to or encroach upon the critical area or buffer, and if the action accords with best management practices and maintenance, and does not impact an endangered or threatened species.

C. Passive outdoor activities such as recreation, education, and scientific research that do not degrade the critical area.

D. Forest practices in accordance with Chapter 76.09 RCW and WAC Title 222, other than forest practice conversions.

E. Structural modifications of, additions to, or replacements of existing legal structures without altering or increasing the impact to the critical area; provided, that the town’s regulations regarding legal nonconforming uses are complied with. Includes most tenant improvements.

F. The following work within improved public rights-of-way or private street easements: construction, replacement, or modification of streets, utilities, lines, mains, equipment, or appurtenances, excluding electrical substations; provided, that actions that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased storm water shall be subject to the following requirements wherever possible:

G. Minor utility projects such as placement of a utility pole, street sign, anchor, or vault, which do not significantly impact critical areas function or values, if constructed using best management practices.

H. Removal with hand labor and light equipment of invasive or noxious plants as designated by the director, including:

I. Thinning or removal of trees which a qualified arborist, landscape architect, or forester has documented as posing a threat to public safety and which do not provide critical habitat such as eagle perches; provided, that removed trees and thinnings are left on site, and for each tree removed, two replacement trees shall be planted in the same or nearly same location within one year in accordance with a plan approved by the director. The replacement trees shall be of species native and indigenous to the site. Deciduous trees shall be at least one inch in diameter at breast height. Evergreen trees shall be at least six feet in height measured from the top of the root ball.

J. Measures to control fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced with the same or similar native species within one year in accordance with an approved plan.

K. Application of herbicides, pesticides, or fertilizers, if necessary; provided, that their use shall conform to Department of Fish and Wildlife Management recommendations and the regulations of the Department of Agriculture and the U.S. Environmental Protection Agency.

L. Minor clearing or digging necessary for surveys, soil logs, percolation tests, and similar activities, provided critical area impacts are minimized and disturbed areas are immediately restored.

M. Navigational aids and boundary markers.

N. Proposed developments that have undergone critical areas review at a previous stage of permit review provided the earlier permit has not expired.

O. Harvesting of wild crops without injuring their natural reproduction, tilling the soil, planting crops, applying chemicals, or altering the critical area.

P. Conservation measures of soil, water, vegetation, fish, and other wildlife that do not adversely impact ecosystems.

Q. Required environmental impact remediation.

R. Existing and ongoing agricultural activities where the land has not lain idle so long that modifications to the hydrological regime are necessary to resume operations.

S. Development of Category IV wetlands less than 1,000 square feet in size if a critical areas report demonstrates that: